Introduction: A Delicate Balance Between Protection and Misuse
India’s legal framework is among
the strongest in the world when it comes to protecting children from sexual
offences. The Protection of Children from Sexual Offences Act, 2012 (POCSO)
is a landmark law that recognizes the vulnerability of children and provides
for a child-friendly, time-bound mechanism for justice.
However, no legal system is
immune to misuse. In recent years, cases have surfaced where minors
(knowingly or unknowingly) have made false accusations of sexual assault
against adults. These may arise from family disputes, revenge, manipulation by
adults, custody battles, or even misunderstandings.
The
Gravity of a False FIR under POCSO
What
happens when a false FIR is filed?
A false FIR (First
Information Report) under POCSO is devastating. Even before guilt is proven:
- Ø The accused may be arrested immediately.
- Ø Their reputation, career, and family life collapse overnight.
- Ø The social stigma often leads to mental trauma, sometimes even suicide.
Unlike other crimes, sexual
offences against minors evoke strong emotions, making it extremely difficult
for the accused to prove their innocence publicly.
The
Heart of the Matter: Why False Accusations Happen
Not all accusations are
malicious. But some are. And when they are, the damage is irreversible. So why
do false FIRs happen?
- Ø Custody Battles or Family Feuds: Sometimes, children become pawns. One parent might coax a child into filing a complaint to gain custody or exact revenge. The child, unaware of the consequences, complies out of loyalty or fear.
- Ø Misunderstanding Affection or Misinterpretation: A hug, a playful gesture, or even a teacher’s caring approach may be misunderstood or misrepresented. In today’s environment, even the most innocent contact can be questioned.
- Ø Tutored Statements by Adults: In some cases, adults influence a child’s narrative to settle scores. The child may repeat coached statements, unaware of the truth or gravity.
- Ø Emotional Reaction by Teenagers: Adolescents, in fits of rebellion or anger, may make impulsive claims, especially when scolded or disciplined by elders.
These are not excuses. These are
human realities. And when they collide with a legal system as sensitive and
strong as POCSO, they create wreckage.
What
Does the Law Say?
POCSO Act, 2012 is non-compromisable.
The moment an FIR is lodged under POCSO, police are mandated to act swiftly.
Arrests are often immediate. Bail is difficult. Trial is
time-bound.
But the law also recognizes that
it must not be used as a weapon.
Section 22 of the POCSO Act
This section deals with false
complaints:
Punishment for false complaint
or false information.—(1) Any person, who makes false complaint or
provides false information against any person, in respect of an offence
committed under sections 3, 5, 7 and section 9, solely with the intention to
humiliate, extort or threaten or defame him, shall be punished with
imprisonment for a term which may extend to six months or with fine or with
both.
(2) Where a false complaint
has been made or false information has been provided by a child, no punishment
shall be imposed on such child.
(3) Whoever, not being a
child, makes a false complaint or provides false information against a child, knowing
it to be false, thereby victimizing such child in any of the offences under
this Act, shall be punished with imprisonment, which may extend to one year or
with fine or with both."
This is a humane clause. It
understands children. But it also provides scope for justice to the wrongly
accused.
The
New Procedural Law: Bharatiya Nagarik Suraksha Sanhita, 2023
Since July 2023, the Bharatiya
Nagarik Suraksha Sanhita (BNSS) replaced the CrPC. So now, every procedure,
including FIR registration, bail, trial, and evidence presentation, must follow
BNSS.
Key
provisions that may help a falsely accused adult:
- Ø Section 528 of BNSS (Quashing of Proceedings): The High Court may quash a false or frivolous FIR, especially when there's strong documentary evidence or proof of malice.
- Ø Section 482 of BNSS (Anticipatory Bail Provisions): Allows application for anticipatory bail, with courts considering the nature of evidence and intentions behind the complaint.
- Ø Section 212 of BNS (False Information to Public Servant): If it's proved that someone (not the child, but a manipulative adult) filed or influenced the FIR, they can be prosecuted.
- Ø Section 22 of the POCSO Act: As discussed above, this provision could be a potential defence.
Step-by-Step:
What Should You Do If Falsely Accused?
- Ø Stay Calm but Act Swiftly: The first instinct may be panic, denial, or even rage. But legal defence begins with clarity. Do not confront the child or their family. Contact a criminal lawyer immediately.
- Ø Secure All Evidence: Messages, photos, CCTV, emails, locations, witness testimonies—anything that proves your innocence must be preserved.
- Ø Hire a Competent Criminal Lawyer: Involve a competent criminal lawyer to frame defence intelligently.
- Ø Approach the High Court for Quashing: With your lawyer, file a petition under Section 528 of BNSS for quashing of FIR if clear evidence exists. Courts are receptive to cases where malicious intent is visible.
- Ø Apply for Anticipatory Bail or If Already Arrested, then for Bail: Under Section 482 of BNSS, seek anticipatory bail or regular bail (if already arrested) highlighting your cooperation, past record, and weak evidence.
- Ø Investigate the Source of the False Claim: Was the child manipulated? Is there an adult behind the scenes? Gather information without direct interaction. Let your lawyer handle it.
Consider
Filing a Counter Case (Carefully)
Once you’re safe from
prosecution, and only if strong evidence exists, you may initiate proceedings
under:
- Ø Sections 212 and 217 of BNS for false information.
- Ø Section 248 of BNS for false charges intending to injure.
- Ø Section 356 of BNS for criminal defamation.
- Ø Or civil suits for damages to your reputation.
You can file a complaint or
initiate defamation proceedings against the adult who tutored
the child or directly filed the FIR.
⚠️ But caution: Do not file these if the
child acted in confusion or fear. Let the law handle it sensitively.
Emotional
& Social Impact: A Lonely Battle
Imagine waking up one day and
finding your name plastered across social media. Neighbours stop talking.
Students avoid you. You’re suspended from work. Even your family doubts you. This
is the reality for many falsely accused individuals. One school teacher in
Delhi who was later acquitted said:
"I did nothing wrong. But
for three years, I was treated like a criminal. My wife left. I lost my job, my
home, classroom and on top of this my dignity. Even after the court declared me
innocent, the whisper followed me."
Likewise, for those who accused
falsely:
- Ø Life changes in an instant.
- Ø Relationships crumble.
- Ø Job losses, public shame, media trial.
Often, the legal battle takes
years, and even after acquittal, the emotional scars and isolation, social
boycott, and internal guilt are worse and remain forever.
Notable
Judgments
- Ø Sandeep v. State of Maharashtra (SLP(Crl.) 8753/2025): Ongoing case involving a daughter filing a POCSO FIR against her father, a judge. Court is cautiously examining whether the FIR is based on fact or family pressure.
- Ø N. Chandramohan vs The State By on 20 August, 2019: "The court held that the second respondent must be held accountable for filing a false complaint against her husband, having improperly involved her daughter in the process. It directed the police to take appropriate action under Section 22 of the POCSO Act. This judgment serves as a cautionary reminder against the misuse of legal provisions for personal gain."
- Ø State vs Karnail Singh & Another (19 May 2014): The complainant (PW1) and her two sisters (PW2 and PW3) alleged that on July 3, 2013, they were physically assaulted by the accused. The complainant also claimed that the accused had made sexual advances towards her. The court acquitted both accused due to lack of corroborative evidence and inconsistencies in the testimonies of the complainant and her sisters. The court noted that while Section 22 protects children from legal consequences for false complaints, it does not extend this protection to false statements made under oath during judicial proceedings.
A
Middle Path: Justice for Both Sides
Children must be protected at all
costs. But so must the innocent. Our justice system must evolve to distinguish
between truth and malice, between harm and misunderstanding.
We need:
- Ø Better training for police to identify coached statements.
- Ø Mandatory psychological counselling for minors before recording FIRs.
- Ø Time-bound hearings to avoid years of trauma for the accused.
- Ø Post-acquittal rehabilitation for those who were innocent.
Conclusion:
Walking the Line Between Justice and Misuse
Laws like POCSO are indispensable
in a country like India with high child abuse rates. But like any
powerful weapon, it must be used with responsibility.
While children must be believed,
we must also protect the innocent adults who become victims of
falsehoods.
The truth is: False
accusations harm everyone—the innocent accused, the real survivors, and the
public’s faith in justice.
In such tragic crossroads, we
must allow the law to act firmly yet fairly, emotionally yet rationally, and
protectively yet cautiously.
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